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A5841 (ACTIVE) - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
5841
2017-2018 Regular Sessions
I N A S S E M B L Y
February 16, 2017
___________
Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
tee on Election Law
AN ACT to amend the election law, in relation to matching financing; and
to amend the state finance law, in relation to the New York state
campaign finance fund and the abandoned property fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The article heading of article 14 of the election law is
amended to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES; MATCHING FINANCING
§ 2. Sections 14-100 through 14-132 of article 14 of the election law
are designated title I and a new title heading is added to read as
follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 3. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
MATCHING FINANCING
SECTION 14-200. DEFINITIONS.
14-201. REPORTING REQUIREMENTS.
14-202. CONTRIBUTION LIMITS.
14-203. PROOF OF COMPLIANCE.
14-204. ELIGIBILITY.
14-205. LIMITS ON MATCHING FINANCING.
14-206. PAYMENT OF MATCHING FUNDS.
14-207. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES.
14-208. POWERS AND DUTIES OF BOARD.
14-209. AUDITS AND REPAYMENTS.
14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-211. REPORTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD08884-02-7
A. 5841 2
14-212. DEBATES FOR CANDIDATES FOR DISTRICT ATTORNEY OR JUSTICE
OF THE SUPREME COURT.
14-213. SEVERABILITY.
§ 14-200. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED COMMITTEE" SHALL MEAN THE SINGLE COMMITTEE
DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-201 OF THIS TITLE TO
RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT OF THE CANDI-
DATE'S CAMPAIGN.
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY PRIMARY OR GENERAL
ELECTION FOR NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF
DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME COURT.
6. THE TERM "ELECTION CYCLE" SHALL MEAN: (A) FOR A DISTRICT ATTORNEY,
THE FOUR YEAR PERIOD STARTING AFTER THE DAY AFTER THE LAST GENERAL
ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE; (B) FOR A JUSTICE OF THE
SUPREME COURT, THE FOURTEEN YEAR PERIOD STARTING THE DAY AFTER THE LAST
GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE CAMPAIGN FINANCE
FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, DOMESTIC PARTNER,
CHILD, SIBLING OR PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE OR AUTHORIZED COMMIT-
TEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A POSTAL, DELIVERY
OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN "INTERMEDIARY" SHALL
NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS, CHILDREN OR SIBLINGS OF
THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF MEMBER OR VOLUNTEER OF
THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE BOARD OF ELECTIONS. HERE
"CAUSES TO BE DELIVERED" SHALL INCLUDE PROVIDING POSTAGE, ENVELOPES OR
OTHER SHIPPING MATERIALS FOR THE USE OF DELIVERING THE CONTRIBUTION TO
THE ULTIMATE RECIPIENT.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A CONTRIBUTION,
CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR ANY
COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON WHO IS A RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING
CANDIDATE, THAT HAS BEEN REPORTED IN FULL TO THE BOARD IN ACCORDANCE
WITH SECTIONS 14-102 AND 14-104 OF THIS ARTICLE BY THE CANDIDATE'S
AUTHORIZED COMMITTEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF
THE APPLICABLE ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION
A. 5841 3
OF A CONTRIBUTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE
BOARD MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) ANONYMOUS CONTRIBUTIONS OR CONTRIBUTIONS WHOSE SOURCE IS NOT ITEM-
IZED AS REQUIRED BY SECTION 14-201 OF THIS TITLE;
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM PERSONS UNDER EIGHTEEN;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-204 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
NOMINATION FOR ELECTION, OR ELECTION, TO THE OFFICE OF DISTRICT ATTORNEY
OR JUSTICE OF THE SUPREME COURT WHO FILES A WRITTEN CERTIFICATION IN THE
FORM OF AN AFFIDAVIT PURSUANT TO SECTION 14-204 OF THIS TITLE.
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE SIX MONTHS FOLLOW-
ING THE ELECTION FOR A DISTRICT ATTORNEY OR A SUPREME COURT JUSTICE WHEN
SUCH CANDIDATE IS SUBJECT TO AN AUDIT.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST
RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY
PUBLIC FINANCING UNDER THIS TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED COMMITTEES.
§ 14-201. REPORTING REQUIREMENTS. 1. ONLY ONE AUTHORIZED COMMITTEE PER
PARTICIPATING CANDIDATE FOR DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME
COURT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE FOR A
COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO THE EXIST-
ENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN APPROVED BY SUCH
CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED COMMIT-
TEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHORIZED COMMITTEE SHALL HAVE A
TREASURER AND IS SUBJECT TO THE RESTRICTIONS FOUND IN SECTION 14-112 OF
THIS ARTICLE.
2. DISCLOSURE REPORTS. (A) DETAILED REPORTING. EACH AUTHORIZED AND
POLITICAL COMMITTEE SHALL REPORT TO THE BOARD EVERY CONTRIBUTION AND
LOAN RECEIVED AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER
PRESCRIBED BY SECTIONS 14-102, 14-104 AND 14-108 OF THIS ARTICLE. FOR
CONTRIBUTORS WHO MAKE CONTRIBUTIONS OF ONE HUNDRED DOLLARS OR MORE, EACH
AUTHORIZED AND POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE OCCUPA-
TION, AND BUSINESS ADDRESS OF EACH CONTRIBUTOR, LENDER, AND INTERME-
DIARY. THE RECEIPT OF ANY CONTRIBUTION OR LOAN IN EXCESS OF ONE THOU-
SAND DOLLARS SHALL BE DISCLOSED WITHIN FORTY-EIGHT HOURS OF RECEIPT, AND
SHALL BE REPORTED IN THE SAME MANNER AS ANY OTHER CONTRIBUTION OR LOAN
ON THE NEXT APPLICABLE STATEMENT. THE BOARD SHALL REVISE, PREPARE AND
A. 5841 4
POST FORMS ON ITS WEBPAGE THAT FACILITATE COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS SECTION.
(B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUES-
TIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS OF THIS TITLE
AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICATION FOR RECEIV-
ING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS
REVIEW, THE BOARD SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN
OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS THE UNIT HAS CONCERNING
THEIR MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBIL-
ITY FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. NOTHING
IN THIS PARAGRAPH SHALL PRECLUDE THE BOARD FROM SUBSEQUENTLY REVIEWING
SUCH DISCLOSURE REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER
THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON FRIDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
§ 14-202. CONTRIBUTION LIMITS. RECIPIENTS OF FUNDS PURSUANT TO THIS
TITLE SHALL BE SUBJECT TO THE FOLLOWING CONTRIBUTION LIMITS:
1. IN THE ELECTION FOR DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME
COURT, OR FOR NOMINATION TO SUCH OFFICE, NO CONTRIBUTOR MAY MAKE A
CONTRIBUTION TO ANY CANDIDATE OR POLITICAL COMMITTEE PARTICIPATING IN
THE STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM AS DEFINED IN THIS TITLE,
AND NO SUCH CANDIDATE OR POLITICAL COMMITTEE MAY ACCEPT ANY CONTRIBUTION
FROM ANY CONTRIBUTOR, WHICH IS IN THE AGGREGATE AMOUNT GREATER THAN:
(A) IN THE CASE OF ANY NOMINATION TO A DISTRICT ATTORNEY OR A JUSTICE OF
THE SUPREME COURT, THE PRODUCT OF THE TOTAL NUMBER OF ENROLLED VOTERS IN
THE JURISDICTION IN WHICH SUCH PARTICIPATING CANDIDATE IS SEEKING
OFFICE, EXCLUDING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.005, BUT
SUCH AMOUNT SHALL BE NOT MORE THAN SIX THOUSAND DOLLARS AND (B) IN THE
CASE OF ANY ELECTION TO SUCH PUBLIC OFFICE, SIX THOUSAND DOLLARS;
PROVIDED HOWEVER, THAT THE MAXIMUM AMOUNT WHICH MAY BE SO CONTRIBUTED OR
ACCEPTED, IN THE AGGREGATE, FROM ANY CANDIDATE'S CHILD, PARENT, GRAND-
PARENT, BROTHER AND SISTER, AND THE SPOUSE OF ANY SUCH PERSONS, SHALL
NOT EXCEED IN THE CASE OF ANY NOMINATION TO PUBLIC OFFICE AN AMOUNT
EQUIVALENT TO THE PRODUCT OF THE NUMBER OF ENROLLED VOTERS IN THE JURIS-
DICTION IN WHICH SUCH PARTICIPATING CANDIDATE IS SEEKING OFFICE, EXCLUD-
ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE CASE OF
ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
THE NUMBER OF REGISTERED VOTERS IN THE STATE EXCLUDING VOTERS IN INAC-
TIVE STATUS, MULTIPLIED BY $.025.
2. IN THE EVENT THAT A CANDIDATE FOR DISTRICT ATTORNEY OR JUSTICE OF
THE SUPREME COURT HAS RECEIVED A CONTRIBUTION WHICH EXCEEDS THE LIMITA-
TIONS OF THIS SUBDIVISION PRIOR TO BECOMING A PARTICIPATING CANDIDATE IN
THE STATE'S MATCHING CAMPAIGN FINANCING SYSTEM, THE CANDIDATE SHALL
EITHER (A) DEPOSIT ANY AMOUNT IN EXCESS OF THE CONTRIBUTION LIMIT SET
FORTH IN THIS SUBDIVISION, INTO A SEGREGATED ACCOUNT WHERE IT SHALL NOT
BE WITHDRAWN FOR CAMPAIGN EXPENDITURES FOR ANY DISTRICT ATTORNEY OR
JUSTICE OF THE SUPREME COURT ELECTION; OR (B) RETURN ANY AMOUNT IN
EXCESS OF THE CONTRIBUTION LIMIT SET FORTH IN THIS SECTION, BY BANK
CHECK OR CERTIFIED CHECK MADE OUT TO THE CONTRIBUTOR.
§ 14-203. PROOF OF COMPLIANCE. AUTHORIZED AND POLITICAL COMMITTEES
SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
A. 5841 5
ELECTION AS REQUIRED BY THE BOARD. AUTHORIZED AND POLITICAL COMMITTEES
SHALL OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT MAY REQUEST
RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND FURNISH SUCH
DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE AS MAY BE
REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
AND POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS FOR A
PERIOD OF FIVE YEARS.
§ 14-204. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED GENERAL ELECTION, BE OPPOSED BY ANOTHER
CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED BEFORE THE ELECTION PURSUANT TO A SCHEDULE PROMULGAT-
ED BY THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE EXPENDITURES FROM OR USE HIS OR HER PERSONAL FUNDS OR
PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY HELD WITH HIS OR HER
SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION WITH HIS OR HER NOMI-
NATION ELECTION OR ELECTION TO A COVERED OFFICE EXCEPT AS A CONTRIBUTION
TO HIS OR HER AUTHORIZED COMMITTEE IN AN AMOUNT THAT EXCEEDS THREE TIMES
THE APPLICABLE CONTRIBUTION LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO
CANDIDATES FOR THE OFFICE THAT HE OR SHE IS SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION; AND
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD.
2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD FOR ELIGIBILITY FOR
MATCHING FUNDING FOR PARTICIPATING CANDIDATES FOR DISTRICT ATTORNEY OR
JUSTICE OF THE SUPREME COURT SHALL BE NOT LESS THAN TEN THOUSAND DOLLARS
IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST SEVEN HUNDRED FIFTY MATCH-
ABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND SEVENTY-FIVE
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF NEW YORK STATE.
(B) ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
IN A PRIMARY ELECTION FOR THE FOREGOING OFFICE SHALL BE DEEMED TO HAVE
MET THE THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN THE GENERAL
ELECTION HELD IN THE SAME CALENDAR YEAR.
§ 14-205. LIMITS ON MATCHING FINANCING. THE FOLLOWING LIMITATIONS
APPLY TO THE TOTAL AMOUNTS OF MATCHING FUNDS THAT MAY BE PROVIDED TO A
PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
1. IN ANY PRIMARY ELECTION, RECEIPT OF MATCHING FUNDS BY PARTICIPATING
CANDIDATES FOR DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME COURT AND BY
EACH PARTICIPATING COMMITTEE SHALL NOT EXCEED THE SUM OF TWO HUNDRED
FIFTY THOUSAND DOLLARS.
2. IN ANY GENERAL ELECTION, RECEIPT OF MATCHING FUNDS BY A PARTICIPAT-
ING CANDIDATE'S AUTHORIZED COMMITTEE SHALL NOT EXCEED ONE MILLION
DOLLARS.
3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS NOT
OPPOSED BY A CANDIDATE ON THE BALLOT IN A PRIMARY ELECTION SHALL BE
ENTITLED TO PAYMENT OF MATCHING FUNDS, EXCEPT THAT, WHERE THERE IS A
CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE OF
A. 5841 6
THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER OF
ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING CANDIDATE WHO IS UNOP-
POSED IN THE PRIMARY ELECTION MAY RECEIVE MATCHING FUNDS BEFORE THE
PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE DATE OF SUCH
PRIMARY ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
SUBDIVISION ONE OF THIS SECTION.
§ 14-206. PAYMENT OF MATCHING FUNDS. 1. DETERMINATION OF ELIGIBILITY.
NO MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED COMMITTEE UNLESS THE
BOARD DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET THE ELIGIBIL-
ITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE AMOUNTS
SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE MADE ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY BE MADE
ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE. NO MATCHING
FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED
CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS
USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT
FOR QUALIFIED CAMPAIGN EXPENDITURES OF SIX DOLLARS OF MATCHING FUNDS FOR
EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, FOR THE FIRST ONE HUNDRED
SEVENTY-FIVE DOLLARS OF ELIGIBLE PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED
AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE PROVISIONS OF THIS
TITLE. THE MAXIMUM PAYMENT OF MATCHING FUNDS SHALL BE LIMITED TO THE
AMOUNTS SET FORTH IN SECTION 14-205 OF THIS TITLE FOR THE COVERED
ELECTION.
3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF MATCHING
FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. BUT IN ALL
CASES, THE BOARD SHALL VERIFY ELIGIBILITY FOR MATCHING FUNDS WITHIN FOUR
DAYS OF RECEIVING A CAMPAIGN CONTRIBUTION REPORT FILED IN COMPLIANCE
WITH SECTION 14-104 OF THIS ARTICLE. WITHIN TWO DAYS OF DETERMINING THAT
A CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE FOR MATCHING FUNDS, THE
BOARD SHALL PAY THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE.
HOWEVER, THE BOARD SHALL NOT MAKE ANY PAYMENTS OF PUBLIC MONEY EARLIER
THAN THE EARLIEST DATES FOR MAKING SUCH PAYMENTS AS PROVIDED BY THIS
TITLE. IF ANY OF SUCH PAYMENTS WOULD REQUIRE PAYMENT ON A WEEKEND OR
FEDERAL HOLIDAY, PAYMENT SHALL BE MADE ON THE NEXT BUSINESS DAY.
4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL PROMULGATE RULES TO
FACILITATE ELECTRONIC FUNDS TRANSFERS DIRECTLY FROM THE FUND INTO AN
AUTHORIZED COMMITTEE'S BANK ACCOUNT.
§ 14-207. USE OF MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDITURES. 1.
MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS TITLE MAY BE USED
ONLY BY AN AUTHORIZED COMMITTEE FOR EXPENDITURES TO FURTHER THE PARTIC-
IPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION, INCLUDING
PAYING FOR DEBTS INCURRED WITHIN ONE YEAR PRIOR TO AN ELECTION TO
FURTHER THE PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR
ELECTION.
2. SUCH MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENSE INCURRED AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT;
(D) AN EXPENSE INCURRED AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL OR SPECIAL
ELECTION BALLOT;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
A. 5841 7
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO EXCLUSIVELY SUPPORT OR OPPOSE A CANDIDATE FOR AN
OFFICE OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A FORMAL CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE; OR
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, ACCEPTANCE,
AUTHORIZATION, DECLINATION OR SUBSTITUTION.
§ 14-208. POWERS AND DUTIES OF BOARD. 1. ADVISORY OPINIONS. THE BOARD
SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING UNDER
THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF A
POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITIATIVE.
THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO RESPOND
TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF INTERPRE-
TATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE BOARD AND
ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE WITH
IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE APPROPRI-
ATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING, TO THE EXTENT
FEASIBLE, COMPUTER SOFTWARE, TO FACILITATE THE TASK OF COMPLIANCE WITH
THE DISCLOSURE AND RECORD-KEEPING REQUIREMENTS OF THIS TITLE.
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. ENFORCEMENT. THE BOARD SHALL WORK WITH THE ENFORCEMENT UNIT TO
ENFORCE THIS SECTION.
§ 14-209. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN SIX MONTHS AFTER THE
ELECTION IN QUESTION. EVERY CANDIDATE WHO RECEIVES MATCHING FUNDS UNDER
THIS TITLE SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A
POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED COMMIT-
TEE USING MATCHING FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF SUCH
FUNDS. CANDIDATES WHO RUN IN BOTH A PRIMARY AND GENERAL ELECTION MUST
MAINTAIN A RESERVE OF THREE PERCENT OF THE MATCHING FUNDS RECEIVED TO
COMPLY WITH THE POST-ELECTION AUDIT. THE BOARD SHALL ISSUE TO EACH
CAMPAIGN AUDITED A FINAL AUDIT REPORT THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDIDATE WAS
ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
TEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL TO THE
AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS
PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
A. 5841 8
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS USED FOR PURPOSES
OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES, IT SHALL NOTIFY SUCH COMMIT-
TEE OF THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE
BOARD AN AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND
SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE AND HIS OR HER AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR THE DISTRICT
ATTORNEY OR JUSTICE OF SUPREME COURT ELECTION, SUCH CANDIDATE AND
COMMITTEE SHALL USE SUCH EXCESS FUNDS TO REIMBURSE THE FUND FOR PAYMENTS
RECEIVED BY SUCH AUTHORIZED COMMITTEE FROM THE FUND DURING SUCH CALEN-
DAR. PARTICIPATING CANDIDATES SHALL PAY TO THE BOARD UNSPENT PUBLIC
CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS AFTER
ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT, NOT
LATER THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT FOR
THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEVER,
THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE
SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON A DETERMINATION
BY THE BOARD THAT THE PARTICIPANT HAS KNOWINGLY DELAYED THE POST-ELEC-
TION AUDIT. A PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDI-
TURES WITH PUBLIC FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL
COST ASSOCIATED WITH WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-E-
LECTION AUDIT EXCEPT FOR LIABILITIES INCURRED BEFORE THE ELECTION.
NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS
OR HER AUTHORIZED COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED
FROM PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. THE BOARD SHALL PROMULGATE REGULATIONS FOR THE CERTIFICATION OF THE
AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER, FROM THE FUND ESTABLISHED
PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW, TO A PARTIC-
IPATING CANDIDATE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE
REGULATIONS SHALL INCLUDE THE PROMULGATION AND DISTRIBUTION OF FORMS ON
WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED, THE PERIODS
DURING WHICH SUCH REPORTS MUST BE FILED AND THE VERIFICATION REQUIRED.
THE BOARD SHALL INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY
THE FUND WITHIN FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS
AND VERIFICATIONS.
§ 14-210. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. KNOWING VIOLATIONS OF ANY PROVISION OF
THIS TITLE OR RULE PROMULGATED PURSUANT TO THIS TITLE SHALL BE SUBJECT
TO A CIVIL PENALTY IN AN AMOUNT NOT IN EXCESS OF TEN THOUSAND DOLLARS.
2. NOTICE OF VIOLATION AND OPPORTUNITY TO BE HEARD. THE BOARD SHALL:
(A) DETERMINE WHETHER A VIOLATION OF ANY PROVISION OF THIS TITLE OR
RULE PROMULGATED HEREUNDER HAS BEEN COMMITTED;
(B) GIVE WRITTEN NOTICE AND THE OPPORTUNITY TO BE HEARD IN ACCORDANCE
WITH THE STATE ADMINISTRATIVE PROCEDURE ACT BEFORE AN INDEPENDENT HEAR-
ING OFFICER TO EACH PERSON OR ENTITY IT HAS REASON TO BELIEVE HAS
COMMITTED A VIOLATION; AND
(C) IF APPROPRIATE, ASSESS PENALTIES FOR VIOLATIONS, FOLLOWING SUCH
NOTICE AND OPPORTUNITY TO CONTEST.
A. 5841 9
3. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. THE BOARD SHALL SEEK TO RECOVER ANY MATCHING
FUNDS OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
4. PROCEEDINGS AS TO MATCHING FINANCING. (A) THE DETERMINATION OF
ELIGIBILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY ANY AGGRIEVED CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED COMMITTEE AFTER THE
ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY THIS
TITLE, THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR
CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR
ANY AMOUNTS DETERMINED TO BE PAYABLE TO THE BOARD AS A RESULT OF AN
EXAMINATION AND AUDIT MADE PURSUANT TO THIS TITLE OR TO OBTAIN SUCH
AMOUNTS DIRECTLY FROM THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A
HEARING AT THE STATE BOARD OF ELECTIONS.
(D) THE BOARD IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
ACTION IN SUPREME COURT, ALBANY COUNTY, TO OBTAIN A JUDGMENT FOR CIVIL
PENALTIES DETERMINED TO BE PAYABLE TO THE BOARD PURSUANT TO THIS TITLE
OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A HEARING AT THE STATE BOARD OF
ELECTIONS.
§ 14-211. REPORTS. THE BOARD SHALL SUBMIT A REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY.
SUCH REPORT SHALL INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
§ 14-212. DEBATES FOR CANDIDATES FOR DISTRICT ATTORNEY OR JUSTICE OF
THE SUPREME COURT. THE BOARD SHALL PROMULGATE REGULATIONS TO FACILITATE
DEBATES AMONG PARTICIPATING CANDIDATES WHO SEEK ELECTION FOR THE OFFICE
OF DISTRICT ATTORNEY OR JUSTICE OF THE SUPREME COURT. PARTICIPATING
CANDIDATES ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH
ELECTION FOR WHICH THE CANDIDATE RECEIVES MATCHING FUNDS, UNLESS THE
PARTICIPATING CANDIDATE IS RUNNING UNOPPOSED. NONPARTICIPATING CANDI-
DATES MAY PARTICIPATE IN SUCH DEBATES.
A. 5841 10
§ 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
§ 4. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 92-T. NEW YORK STATE CAMPAIGN FINANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
STATE CAMPAIGN FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE ABANDONED
PROPERTY FUND PURSUANT TO SECTION NINETY-FIVE OF THIS ARTICLE.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW. MONEYS SHALL BE
PAID OUT OF THE FUND UPON AUDIT AND WARRANT BY THE STATE COMPTROLLER ON
VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF ELECTIONS, OR ITS
DULY DESIGNATED REPRESENTATIVE, IN THE MANNER PRESCRIBED BY LAW, NOT
MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS AUDITED AND APPROVED
BY THE STATE COMPTROLLER.
4. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
A PRIMARY ELECTION ANY EARLIER THAN THIRTY DAYS AFTER DESIGNATING
PETITIONS, INDEPENDENT NOMINATING PETITIONS, OR CERTIFICATES OF NOMI-
NATION HAVE BEEN FILED AND NOT LESS THAN FORTY-FIVE DAYS BEFORE SUCH
ELECTION.
5. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN
A GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF THE PRIMARY
ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
6. NO MATCHING FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN DECLARED
INVALID BY THE APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF SUCH
A CANDIDATE OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE.
ALL SUCH MONEYS SHALL BE REPAID TO THE FUND.
§ 5. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE PRIMARY OR GENERAL ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RESERVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION,
AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
TWO-T OF THIS ARTICLE.
A. 5841 11
§ 6. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section three of this act be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 7. This act shall take effect immediately.

A5841A (ACTIVE) - Summary

S T A T E O F N E W Y O R K
________________________________________________________________________
5841--A
2017-2018 Regular Sessions
I N A S S E M B L Y
February 16, 2017
___________
Introduced by M. of A. ABINANTI, GALEF, JAFFEE, COLTON, MONTESANO,
SIMON, THIELE, GOTTFRIED, STECK -- read once and referred to the
Committee on Election Law -- recommitted to the Committee on Election
Law in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the election law, in relation to statements of campaign
receipts, contributions, transfers and expenditures to and by poli-
tical committees; to amend the election law, in relation to establish-
ing a contribution limit for certain contributions to a party commit-
tee or constituted committee; to amend the election law, in relation
to public financing; to amend the state finance law, in relation to
the New York state campaign finance fund; to amend the tax law, in
relation to the New York state campaign finance fund check-off; to
amend the election law, in relation to enforcement proceedings; and
providing for the repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 14-102 of the election law, as
amended by chapter 8 and as redesignated by chapter 9 of the laws of
1978, is amended to read as follows:
1. The treasurer of every political committee which, or any officer,
member or agent of any such committee who, in connection with any
election, receives or expends any money or other valuable thing or
incurs any liability to pay money or its equivalent shall file state-
ments sworn, or subscribed and bearing a form notice that false state-
ments made therein are punishable as a class A misdemeanor pursuant to
section 210.45 of the penal law, at the times prescribed by this [arti-
cle] TITLE setting forth all the receipts, contributions to and the
expenditures by and liabilities of the committee, and of its officers,
members and agents in its behalf. Such statements shall include the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.

LBD08884-03-8
A. 5841--A 2
dollar amount of any receipt, contribution or transfer, or the fair
market value of any receipt, contribution or transfer, which is other
than of money, the name and address of the transferor, contributor, or
person from whom received, and if the transferor, contributor or person
is a political committee; the name of and the political unit represented
by the committee, the date of its receipt, the dollar amount of every
expenditure, the name and address of the person to whom it was made or
the name of and the political unit represented by the committee to which
it was made and the date thereof, and shall state clearly the purpose of
such expenditure. Any statement reporting a loan shall have attached to
it a copy of the evidence of indebtedness. Expenditures in sums under
fifty dollars need not be specifically accounted for by separate items
in said statements, and receipts and contributions aggregating not more
than ninety-nine dollars, from any one contributor need not be specif-
ically accounted for by separate items in said statements, provided
however, that such expenditures, receipts and contributions shall be
subject to the other provisions of section 14-118 of this [article]
TITLE.
§ 2. The article heading of article 14 of the election law is amended
to read as follows:
[Campaign Receipts and Expenditures]
CAMPAIGN RECEIPTS AND EXPENDITURES;
PUBLIC FINANCING
§ 3. Paragraph b of subdivision 1 of section 14-114 of the election
law, as amended by chapter 659 of the laws of 1994, is amended and a new
paragraph d is added to read as follows:
b. In any other election for party position or for election to a
public office or for nomination for any such office, no contributor may
make a contribution to any candidate or political committee and no SUCH
candidate or political committee may accept any contribution from any
contributor, which is in the aggregate amount greater than: (i) in the
case of any election for party position, or for nomination to public
office, the product of the total number of enrolled voters in the candi-
date's party in the district in which he is a candidate, excluding
voters in inactive status, multiplied by $.05, and (ii) in the case of
any election for a public office, the product of the total number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.05, EXCEPT IN THE CASE OF A CANDIDATE FOR SUPREME COURT
JUSTICE OR DISTRICT ATTORNEY NOT PARTICIPATING IN THE STATE'S JUDICIAL
PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO OF THIS ARTICLE,
MULTIPLIED BY $.03 AND IN THE CASE OF A CANDIDATE FOR SUPREME COURT
JUSTICE OR DISTRICT ATTORNEY PARTICIPATING IN THE STATE'S JUDICIAL
PUBLIC CAMPAIGN FINANCING SYSTEM DEFINED IN TITLE TWO OF THIS ARTICLE,
MULTIPLIED BY $.01, however in the case of a nomination within the city
of New York for the office of mayor, public advocate or comptroller,
such amount shall be not less than four thousand dollars nor more than
twelve thousand dollars as increased or decreased by the cost of living
adjustment described in paragraph c of this subdivision; in the case of
an election within the city of New York for the office of mayor, public
advocate or comptroller, twenty-five thousand dollars as increased or
decreased by the cost of living adjustment described in paragraph c of
this subdivision; in the case of a nomination for state senator, four
thousand dollars as increased or decreased by the cost of living adjust-
ment described in paragraph c of this subdivision; in the case of an
election for state senator, six thousand two hundred fifty dollars as
increased or decreased by the cost of living adjustment described in
A. 5841--A 3
paragraph c of this subdivision; in the case of an election or nomi-
nation for a member of the assembly, twenty-five hundred dollars as
increased or decreased by the cost of living adjustment described in
paragraph c of this subdivision; but in no event shall any such maximum
exceed fifty thousand dollars or be less than one thousand dollars;
provided however, that the maximum amount which may be so contributed or
accepted, in the aggregate, from any candidate's child, parent, grand-
parent, brother and sister, and the spouse of any such persons, shall
not exceed in the case of any election for party position or nomination
for public office an amount equivalent to the number of enrolled voters
in the candidate's party in the district in which he is a candidate,
excluding voters in inactive status, multiplied by $.25 and in the case
of any election to public office, an amount equivalent to the number of
registered voters in the district, excluding voters in inactive status,
multiplied by $.25; or twelve hundred fifty dollars, whichever is great-
er, or in the case of a nomination or election of a state senator, twen-
ty thousand dollars, whichever is greater, or in the case of a nomi-
nation or election of a member of the assembly twelve thousand five
hundred dollars, whichever is greater, but in no event shall any such
maximum exceed one hundred thousand dollars.
D. NOTWITHSTANDING ANY OTHER CONTRIBUTION LIMIT IN THIS SECTION,
PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION
14-201 OF THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
TIMES THE APPLICABLE CONTRIBUTION LIMIT FOR NON-PARTICIPATING CANDIDATES
TO THEIR OWN AUTHORIZED POLITICAL COMMITTEE.
§ 4. Sections 14-100 through 14-132 of the election law are designated
title I and a new title heading is added to read as follows:
CAMPAIGN RECEIPTS AND EXPENDITURES
§ 5. Article 14 of the election law is amended by adding a new title
II to read as follows:
TITLE II
PUBLIC FINANCING
SECTION 14-200. LEGISLATIVE FINDINGS AND INTENT.
14-201. DEFINITIONS.
14-202. REPORTING REQUIREMENTS.
14-203. CONTRIBUTIONS.
14-204. PROOF OF COMPLIANCE.
14-205. ELIGIBILITY.
14-206. LIMITS ON PUBLIC FINANCING.
14-207. PAYMENT OF PUBLIC MATCHING FUNDS.
14-208. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPEND-
ITURES.
14-209. POWERS AND DUTIES OF THE BOARD.
14-210. AUDITS AND REPAYMENTS.
14-211. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS.
14-212. REPORTS.
14-213. SEVERABILITY.
§ 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS AND
DETERMINES THAT THE JUDICIARY AND PROSECUTORS FOR THE STATE FULFILL A
UNIQUE ROLE IN GOVERNMENT, SUBSTANTIVELY DISTINCT FROM NON-JUDICIAL AND
PROSECUTORIAL OFFICES.
A. 5841--A 4
THE LEGISLATURE ALSO FINDS AND DETERMINES THAT JUSTICES AND DISTRICT
ATTORNEYS ARE NOT ELECTED TO REPRESENT THE VIEWS OF VOTERS, BUT RATHER
ARE ELECTED TO UPHOLD THE LAW.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT JUDICIAL AND
PROSECUTORIAL IMPARTIALITY AND INDEPENDENCE ARE CRITICAL TO MAINTAINING
PUBLIC CONFIDENCE AND THE RULE OF LAW.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT JUDGES AND
DISTRICT ATTORNEYS MUST MAINTAIN IMPARTIALITY AND INDEPENDENCE AND THE
APPEARANCE OF IMPARTIALITY AND INDEPENDENCE, UNLIKE NON-JUDICIAL OR
PROSECUTORIAL OFFICES.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE RULES OF
JUDICIAL CONDUCT AND THE RULES OF PROSECUTORIAL CONDUCT RECOGNIZE THE
DISTINCT NATURE OF THE JUDICIAL BRANCH AND RESPONSIBILITIES OF PROSECU-
TORS, IN CONTRAST TO THE LEGISLATIVE AND EXECUTIVE BRANCHES, BY
RESTRICTING JUDGES AND JUSTICES FROM ENGAGING IN VARIOUS CAMPAIGN-RELAT-
ED POLITICAL ACTIVITY NOT IMPOSED ON NON-JUDICIAL OFFICES.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT MANY STATE AND
FEDERAL JUDICIAL OFFICES ARE NOT ELECTED, BUT RATHER APPOINTED POSI-
TIONS, DUE TO THE NONPOLITICAL NATURE OF THE OFFICE.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT RAISING THE
FUNDS NECESSARY TO RUN FOR THE OFFICE OF THE SUPREME COURT, IN A MANNER
THAT COMPORTS WITH JUDICIAL RULES OF CONDUCT, FURTHER DISTINGUISHES THE
OFFICE OF SUPREME COURT FROM OTHER ELECTIVE OFFICES AND WOULD BE APPRO-
PRIATE TO APPLY TO THE OFFICE OF DISTRICT ATTORNEY.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT RAISING THE
NECESSARY FUNDS TO RUN FOR THE OFFICE OF THE SUPREME COURT OR DISTRICT
ATTORNEY HAS THE POTENTIAL TO REDUCE THE APPEARANCE OF JUDICIAL OR
PROSECUTORIAL IMPARTIALITY AND THE CONFIDENCE OF THOSE APPEARING BEFORE
THE COURT.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT THE HEIGHTENED
RESTRICTIONS IMPOSED ON JUDICIAL CANDIDATES, AND APPROPRIATE FOR CANDI-
DATES FOR DISTRICT ATTORNEY, NECESSARY TO MAINTAIN IMPARTIALITY, ARE
FURTHERED BY A JUDICIAL AND PROSECUTORIAL PUBLIC CAMPAIGN FINANCE
SYSTEM.
THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT A JUDICIAL AND
PROSECUTORIAL PUBLIC CAMPAIGN FINANCE SYSTEM FOR CANDIDATES FOR THE
OFFICE OF SUPREME COURT JUSTICE AND DISTRICT ATTORNEY REDUCES THE POTEN-
TIAL FOR JUDICIAL OR PROSECUTORIAL PARTIALITY OR THE APPEARANCE OF JUDI-
CIAL OR PROSECUTORIAL PARTIALITY OF THOSE APPEARING BEFORE THE COURT.
§ 14-201. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. THE TERM "AUTHORIZED POLITICAL COMMITTEE" SHALL MEAN THE SINGLE
POLITICAL COMMITTEE DESIGNATED BY A CANDIDATE PURSUANT TO SECTION 14-202
OF THIS TITLE TO RECEIVE CONTRIBUTIONS AND MAKE EXPENDITURES IN SUPPORT
OF THE CANDIDATE'S CAMPAIGN.
2. THE TERM "BOARD" SHALL MEAN THE STATE BOARD OF ELECTIONS.
3. THE TERM "CONTRIBUTION" SHALL HAVE THE SAME MEANING AS APPEARS IN
SUBDIVISION NINE OF SECTION 14-100 OF THIS ARTICLE.
4. THE TERM "CONTRIBUTOR" SHALL MEAN ANY PERSON OR ENTITY THAT MAKES A
CONTRIBUTION.
5. THE TERM "COVERED ELECTION" SHALL MEAN ANY GENERAL ELECTION FOR THE
OFFICE OF SUPREME COURT JUSTICE OR DISTRICT ATTORNEY.
6. THE TERM "ELECTION CYCLE" SHALL MEAN THE WINDOW PERIOD DEFINED IN
22 NYCRR PART 100 FOR THE OFFICE OF SUPREME COURT JUSTICE AND, FOR THE
OFFICE OF DISTRICT ATTORNEY, ANY PRIMARY OR GENERAL ELECTION FOR NOMI-
NATION FOR ELECTION OR ELECTION, TO THE OFFICE OF DISTRICT ATTORNEY.
A. 5841--A 5
7. THE TERM "EXPENDITURE" SHALL MEAN ANY GIFT, SUBSCRIPTION, ADVANCE,
PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE
ANY GIFT, SUBSCRIPTION, PAYMENT, OR DEPOSIT OF MONEY OR ANYTHING OF
VALUE, MADE IN CONNECTION WITH THE NOMINATION FOR ELECTION, OR ELECTION,
OF ANY CANDIDATE. EXPENDITURES MADE BY CONTRACT ARE DEEMED MADE WHEN
SUCH FUNDS ARE OBLIGATED.
8. THE TERM "FUND" SHALL MEAN THE NEW YORK STATE JUDICIAL CAMPAIGN
FINANCE FUND OR THE DISTRICT ATTORNEY CAMPAIGN FUND.
9. THE TERM "IMMEDIATE FAMILY" SHALL MEAN A SPOUSE, DOMESTIC PARTNER,
CHILD, SIBLING OR PARENT.
10. THE TERM "INTERMEDIARY" SHALL MEAN AN INDIVIDUAL, CORPORATION,
PARTNERSHIP, POLITICAL COMMITTEE, EMPLOYEE ORGANIZATION OR OTHER ENTITY
WHICH BUNDLES, CAUSES TO BE DELIVERED OR OTHERWISE DELIVERS ANY CONTRIB-
UTION FROM ANOTHER PERSON OR ENTITY TO A CANDIDATE'S AUTHORIZED POLI-
TICAL COMMITTEE, OTHER THAN IN THE REGULAR COURSE OF BUSINESS AS A
POSTAL, DELIVERY OR MESSENGER SERVICE. PROVIDED, HOWEVER, THAT AN
"INTERMEDIARY" SHALL NOT INCLUDE SPOUSES, DOMESTIC PARTNERS, PARENTS,
CHILDREN OR SIBLINGS OF THE PERSON MAKING SUCH CONTRIBUTION OR A STAFF
MEMBER OR VOLUNTEER OF THE CAMPAIGN IDENTIFIED IN WRITING TO THE STATE
BOARD OF ELECTIONS.
11. THE TERM "ITEM WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE"
SHALL MEAN ANY ITEM, INCLUDING TICKETS TO AN EVENT, THAT ARE VALUED AT
TWENTY-FIVE DOLLARS OR MORE.
12. (A) THE TERM "MATCHABLE CONTRIBUTION" SHALL MEAN A LAWFUL CONTRIB-
UTION, CONTRIBUTIONS OR A PORTION OF A CONTRIBUTION OR CONTRIBUTIONS FOR
ANY COVERED ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL
PERSON AND RESIDENT OF THE DISTRICT IN WHICH THE OFFICE IS TO BE FILLED
TO A PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE, THAT HAS
BEEN REPORTED IN FULL TO THE BOARD IN ACCORDANCE WITH SECTIONS 14-102
AND 14-104 OF THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED POLITICAL
COMMITTEE AND HAS BEEN CONTRIBUTED ON OR BEFORE THE DAY OF THE APPLICA-
BLE GENERAL ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A PORTION OF A
CONTRIBUTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY THE BOARD
MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.
(B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
(I) LOANS;
(II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
(III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
(IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
(V) CONTRIBUTIONS WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED BY SECTION
14-202 OF THIS TITLE;
(VI) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
(VII) ILLEGAL CONTRIBUTIONS;
(VIII) CONTRIBUTIONS FROM MINORS;
(IX) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS; AND
(X) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
(A) OF SECTION ONE-C OF THE LEGISLATIVE LAW.
13. THE TERM "NONPARTICIPATING CANDIDATE" SHALL MEAN A CANDIDATE FOR A
COVERED ELECTION WHO DOES NOT FILE A WRITTEN CERTIFICATION IN THE FORM
OF AN AFFIDAVIT UNDER SECTION 14-205 OF THIS TITLE BY THE APPLICABLE
DEADLINE.
14. THE TERM "PARTICIPATING CANDIDATE" SHALL MEAN ANY CANDIDATE FOR
ELECTION TO THE OFFICE OF SUPREME COURT JUSTICE OR DISTRICT ATTORNEY,
WHO FILES A WRITTEN CERTIFICATION IN THE FORM OF AN AFFIDAVIT PURSUANT
TO SECTION 14-205 OF THIS TITLE.
A. 5841--A 6
15. THE TERM "POST-ELECTION PERIOD" SHALL MEAN THE SIX MONTHS FOLLOW-
ING AN ELECTION.
16. THE TERM "QUALIFIED CAMPAIGN EXPENDITURE" SHALL MEAN AN EXPENDI-
TURE FOR WHICH PUBLIC MATCHING FUNDS MAY BE USED.
17. THE TERM "THRESHOLD FOR ELIGIBILITY" SHALL MEAN THE AMOUNT OF
MATCHABLE CONTRIBUTIONS THAT A CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE MUST RECEIVE IN TOTAL IN ORDER FOR SUCH CANDIDATE TO QUALIFY FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE.
18. THE TERM "TRANSFER" SHALL MEAN ANY EXCHANGE OF FUNDS BETWEEN A
PARTY OR CONSTITUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER
AUTHORIZED POLITICAL COMMITTEES.
§ 14-202. REPORTING REQUIREMENTS. 1. POLITICAL COMMITTEE REGISTRA-
TION. POLITICAL COMMITTEES AS DEFINED PURSUANT TO SUBDIVISION ONE OF
SECTION 14-100 OF THIS ARTICLE SHALL REGISTER WITH THE BOARD BEFORE
MAKING ANY CONTRIBUTION OR EXPENDITURE. THE BOARD SHALL PUBLISH A CUMU-
LATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED, INCLUDING ON
ITS WEBPAGE, AND REGULARLY UPDATE IT.
2. ONLY ONE AUTHORIZED POLITICAL COMMITTEE PER CANDIDATE PER ELECTIVE
OFFICE SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDI-
TURE FOR A COVERED ELECTION, EACH CANDIDATE SHALL NOTIFY THE BOARD AS TO
THE EXISTENCE OF HIS OR HER AUTHORIZED POLITICAL COMMITTEE THAT HAS BEEN
APPROVED BY SUCH CANDIDATE. EACH CANDIDATE SHALL HAVE ONE AND ONLY ONE
AUTHORIZED POLITICAL COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH AUTHOR-
IZED POLITICAL COMMITTEE SHALL HAVE A TREASURER AND IS SUBJECT TO THE
RESTRICTIONS FOUND IN SECTION 14-112 OF THIS ARTICLE.
3. (A) DETAILED REPORTING. IN ADDITION TO EACH AUTHORIZED POLITICAL
COMMITTEE REPORTING TO THE BOARD EVERY CONTRIBUTION AND LOAN RECEIVED
AND EVERY EXPENDITURE MADE IN THE TIME AND MANNER PRESCRIBED BY SECTIONS
14-102, 14-104 AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED POLITICAL
COMMITTEE OF A CANDIDATE INTENDING TO PARTICIPATE IN THE JUDICIAL PUBLIC
FINANCING SYSTEM SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH FIFTEENTH
AND MAY FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE BOARD EVERY
CONTRIBUTION AND LOAN RECEIVED AND EVERY EXPENDITURE MADE. FOR CONTRIB-
UTORS WHO MAKE CONTRIBUTIONS OF FIVE HUNDRED DOLLARS OR MORE, EACH
AUTHORIZED POLITICAL COMMITTEE SHALL REPORT TO THE BOARD THE OCCUPATION,
AND EMPLOYER OF EACH CONTRIBUTOR, LENDER, AND INTERMEDIARY. THE BOARD
SHALL REVISE, PREPARE AND POST FORMS ON ITS WEBPAGE THAT FACILITATE
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
(B) BOARD REVIEW. THE BOARD SHALL REVIEW EACH DISCLOSURE REPORT FILED
AND SHALL INFORM THE TREASURER OF THE AUTHORIZED POLITICAL COMMITTEE OF
RELEVANT QUESTIONS IT HAS CONCERNING: (I) COMPLIANCE WITH REQUIREMENTS
OF THIS TITLE AND OF THE RULES ISSUED BY THE BOARD; AND (II) QUALIFICA-
TION FOR RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. IN THE
COURSE OF THIS REVIEW, IT SHALL GIVE AUTHORIZED POLITICAL COMMITTEES AN
OPPORTUNITY TO RESPOND TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE
CANDIDATES AN OPPORTUNITY TO ADDRESS QUESTIONS IT HAS CONCERNING THEIR
MATCHABLE CONTRIBUTION CLAIMS OR OTHER ISSUES CONCERNING ELIGIBILITY FOR
RECEIVING PUBLIC MATCHING FUNDS PURSUANT TO THIS TITLE. UPON COMPLETION
OF THE COMPLIANCE REVIEW, NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE
CHIEF ENFORCEMENT COUNSEL FROM SUBSEQUENTLY REVIEWING SUCH DISCLOSURE
REPORTS AND TAKING ANY ACTION OTHERWISE AUTHORIZED UNDER THIS TITLE.
(C) ITEMIZATION. CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED
WITH THE BOARD SHALL NOT BE MATCHABLE.
(D) OPTION TO FILE MORE FREQUENTLY. PARTICIPATING CANDIDATES MAY FILE
REPORTS OF CONTRIBUTIONS AS FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT
THEIR MATCHING FUNDS MAY BE PAID AT THE EARLIEST ALLOWABLE DATE.
A. 5841--A 7
§ 14-203. CONTRIBUTIONS. RECIPIENTS OF FUNDS PURSUANT TO THIS TITLE
SHALL BE SUBJECT TO THE APPLICABLE CONTRIBUTION LIMITS SET FORTH IN
SECTION 14-114 OF THIS ARTICLE.
§ 14-204. PROOF OF COMPLIANCE. AUTHORIZED POLITICAL COMMITTEES SHALL
MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR A COVERED
ELECTION AS REQUIRED BY THE BOARD. THE TREASURER OF AN AUTHORIZED POLI-
TICAL COMMITTEE SHALL OBTAIN AND FURNISH TO THE BOARD ANY INFORMATION IT
MAY REQUEST RELATING TO FINANCIAL TRANSACTIONS OR CONTRIBUTIONS AND
FURNISH SUCH DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE
AS MAY BE REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE,
AUTHORIZED POLITICAL COMMITTEES SHALL MAINTAIN COPIES OF SUCH RECORDS
FOR A PERIOD OF FIVE YEARS.
§ 14-205. ELIGIBILITY. 1. TERMS AND CONDITIONS. TO BE ELIGIBLE FOR
VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
(A) BE A CANDIDATE IN A COVERED ELECTION;
(B) MEET ALL THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
BALLOT;
(C) IN THE CASE OF A COVERED ELECTION, BE OPPOSED BY ANOTHER CANDIDATE
ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
(D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN SUCH FORM
AS MAY BE PRESCRIBED BY THE BOARD, THAT SETS FORTH HIS OR HER ACCEPTANCE
OF AND AGREEMENT TO COMPLY WITH THE TERMS AND CONDITIONS FOR THE
PROVISION OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE THE ELECTION BUT NO
EARLIER THAN NINE MONTHS BEFORE THE NOMINATION PURSUANT TO A SCHEDULE
PROMULGATED BY THE BOARD;
(E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE BOARD;
(F) NOT MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
PERSONAL FUNDS OR PROPERTY OR THE PERSONAL FUNDS OR PROPERTY JOINTLY
HELD WITH HIS OR HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
WITH HIS OR HER ELECTION TO A COVERED OFFICE, BUT MAY MAKE A CONTRIB-
UTION TO HIS OR HER AUTHORIZED POLITICAL COMMITTEE IN AN AMOUNT THAT
DOES NOT EXCEED THREE TIMES THE APPLICABLE CONTRIBUTION LIMIT FROM AN
INDIVIDUAL CONTRIBUTOR TO NON-PARTICIPATING CANDIDATES FOR THE OFFICE
THAT HE OR SHE IS SEEKING;
(G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
THIS SECTION;
(H) CONTINUE TO ABIDE BY ALL REQUIREMENTS DURING THE POST-ELECTION
PERIOD;
(I) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE CONTRIB-
UTION LIMITS SET FORTH FOR PARTICIPATING CANDIDATES IN PARAGRAPH B OF
SUBDIVISION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE ELECTION
CYCLE FOR WHICH THE CANDIDATE SEEKS CERTIFICATION;
(I) PROVIDED HOWEVER, THAT, IF A CANDIDATE ACCEPTED CONTRIBUTIONS
EXCEEDING SUCH LIMITS BEFORE CERTIFICATION, SUCH ACCEPTANCE SHALL NOT
PREVENT THE CANDIDATE FROM BEING CERTIFIED BY THE BOARD IF THE CANDIDATE
IMMEDIATELY PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR THE PORTION
OF ANY CONTRIBUTION THAT EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT.
(II) IF THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IMMEDIATELY
BECAUSE THEY HAVE ALREADY BEEN SPENT, ACCEPTANCE OF CONTRIBUTIONS
EXCEEDING THE LIMITS SHALL NOT PREVENT THE CANDIDATE FROM BEING CERTI-
FIED BY THE BOARD IF THE CANDIDATE SUBMITS AN AFFIDAVIT AGREEING TO PAY
TO THE FUND FROM NON-PUBLIC FUNDS ALL PORTIONS OF ANY CONTRIBUTIONS THAT
EXCEEDED THE LIMIT NO LATER THAN THIRTY DAYS BEFORE THE GENERAL
ELECTION. IF A CANDIDATE PROVIDES THE BOARD WITH SUCH AN AFFIDAVIT, ANY
DISBURSEMENT OF PUBLIC FUNDS TO THE CANDIDATE MADE UNDER SECTION 14-207
A. 5841--A 8
OF THIS TITLE SHALL BE REDUCED BY NO MORE THAN TWENTY-FIVE PERCENT UNTIL
THE TOTAL AMOUNT OWED BY THE CANDIDATE IS REPAID.
(III) CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE'S
AUTHORIZED POLITICAL COMMITTEE PRIOR TO THE EFFECTIVE DATE OF THIS TITLE
SHALL NOT CONSTITUTE A VIOLATION OF THIS TITLE; AND
(J) COMPLY WITH THE RULES GOVERNING JUDICIAL CONDUCT PURSUANT TO 22
NYCRR PART 100 AND THE RULES GOVERNING PROSECUTORIAL CONDUCT PURSUANT TO
RULE 3.8 OF PART 1200, RULES OF PROFESSIONAL CONDUCT OF THE NEW YORK
STATE UNIFIED COURT SYSTEM, AS APPLICABLE.
2. THRESHOLD FOR ELIGIBILITY. THE THRESHOLD FOR ELIGIBILITY FOR PUBLIC
FUNDING FOR PARTICIPATING CANDIDATES SHALL BE NOT LESS THAN TEN THOUSAND
DOLLARS IN MATCHABLE CONTRIBUTIONS INCLUDING AT LEAST ONE HUNDRED MATCH-
ABLE CONTRIBUTIONS COMPRISED OF SUMS BETWEEN TEN AND TWO HUNDRED FIFTY
DOLLARS PER CONTRIBUTOR, FROM RESIDENTS OF THE DISTRICT IN WHICH THE
OFFICE IS TO BE FILLED.
§ 14-206. LIMITS ON PUBLIC FINANCING. IN ANY GENERAL ELECTION,
RECEIPT OF PUBLIC FUNDS BY A PARTICIPATING CANDIDATE'S AUTHORIZED POLI-
TICAL COMMITTEE SHALL NOT EXCEED THE SUM OF ONE HUNDRED FIFTY THOUSAND
DOLLARS.
§ 14-207. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED POLI-
TICAL COMMITTEE UNLESS THE BOARD DETERMINES THAT THE PARTICIPATING
CANDIDATE HAS MET THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT
SHALL NOT EXCEED THE AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION, AND SHALL BE MADE ONLY IN ACCORDANCE WITH THE PROVISIONS OF
THIS TITLE. SUCH PAYMENT MAY BE MADE ONLY TO THE PARTICIPATING CANDI-
DATE'S AUTHORIZED POLITICAL COMMITTEE. NO PUBLIC MATCHING FUNDS SHALL BE
USED EXCEPT AS REIMBURSEMENT OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDI-
TURES ACTUALLY AND LAWFULLY INCURRED OR TO REPAY LOANS USED TO PAY QUAL-
IFIED CAMPAIGN EXPENDITURES.
2. CALCULATION OF PAYMENT. IF THE THRESHOLD FOR ELIGIBILITY IS MET,
THE PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE SHALL
RECEIVE PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES OF TWO DOLLARS OF
PUBLIC MATCHING FUNDS FOR EACH ONE DOLLAR OF MATCHABLE CONTRIBUTIONS,
FOR THE FIRST TWO HUNDRED FIFTY DOLLARS OF ELIGIBLE PRIVATE FUNDS PER
CONTRIBUTOR, OBTAINED AND REPORTED TO THE BOARD IN ACCORDANCE WITH THE
PROVISIONS OF THIS TITLE. THE MAXIMUM PAYMENT OF PUBLIC MATCHING FUNDS
SHALL BE LIMITED TO THE AMOUNTS SET FORTH IN SECTION 14-206 OF THIS
TITLE FOR THE COVERED ELECTION.
3. TIMING OF PAYMENT. THE BOARD SHALL MAKE ANY PAYMENT OF PUBLIC
MATCHING FUNDS TO PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEES AS SOON AS IS PRACTICABLE. BUT IN ALL CASES, IT SHALL VERIFY ELIGI-
BILITY FOR PUBLIC MATCHING FUNDS WITHIN FOUR BUSINESS DAYS, EXCLUDING
WEEKENDS AND HOLIDAYS, OF RECEIVING A CAMPAIGN CONTRIBUTION REPORT FILED
IN COMPLIANCE WITH SECTION 14-104 OF THIS ARTICLE. WITHIN TWO BUSINESS
DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED OFFICE IS ELIGIBLE
FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT OF THE APPLICABLE
MATCHING FUNDS OWED TO THE CANDIDATE. HOWEVER, IT SHALL NOT MAKE ANY
PAYMENTS OF PUBLIC MONEY EARLIER THAN THE EARLIEST DATES FOR MAKING SUCH
PAYMENTS AS PROVIDED BY THIS TITLE. IF ANY OF SUCH PAYMENTS WOULD
REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE MADE
ON THE NEXT BUSINESS DAY.
4. ELECTRONIC FUNDS TRANSFER. THE BOARD SHALL, IN CONSULTATION WITH
THE OFFICE OF THE COMPTROLLER, PROMULGATE RULES TO FACILITATE ELECTRONIC
FUNDS TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
IZED COMMITTEE'S BANK ACCOUNT.
A. 5841--A 9
§ 14-208. USE OF PUBLIC MATCHING FUNDS; QUALIFIED CAMPAIGN EXPENDI-
TURES. 1. PUBLIC MATCHING FUNDS PROVIDED UNDER THE PROVISIONS OF THIS
TITLE MAY BE USED ONLY BY AN AUTHORIZED POLITICAL COMMITTEE FOR EXPENDI-
TURES TO FURTHER THE PARTICIPATING CANDIDATE'S ELECTION, INCLUDING
PAYING FOR DEBTS INCURRED WITHIN NINE MONTHS PRIOR TO A NOMINATION TO
FURTHER THE PARTICIPATING CANDIDATE'S ELECTION.
2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
(A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
(B) AN EXPENDITURE IN EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
MATERIALS, FACILITIES OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
(C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
FIED FROM THE BALLOT AND ALL JUDICIAL REMEDIES HAVE BEEN EXHAUSTED;
(D) AN EXPENDITURE MADE AFTER THE ONLY REMAINING OPPONENT OF THE
CANDIDATE HAS BEEN FINALLY DISQUALIFIED FROM THE GENERAL ELECTION BALLOT
AND ALL JUDICIAL REMEDIES HAVE BEEN EXHAUSTED;
(E) AN EXPENDITURE MADE BY CASH PAYMENT;
(F) A CONTRIBUTION OR LOAN OR TRANSFER MADE TO OR EXPENDITURE TO
SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY, COMMITTEE OR
CONSTITUTED COMMITTEE;
(G) AN EXPENDITURE TO SUPPORT OR OPPOSE A CANDIDATE FOR AN OFFICE
OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
(H) GIFTS, EXCEPT BROCHURES, BUTTONS, SIGNS AND OTHER PRINTED CAMPAIGN
MATERIAL;
(I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
(J) PAYMENTS TO IMMEDIATE FAMILY MEMBERS OF THE PARTICIPATING CANDI-
DATE;
(K) ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION, DECLINATION
OR SUBSTITUTION;
(L) ANY IMPERMISSIBLE PERSONAL USE UNDER SECTION 14-130 OF THIS ARTI-
CLE; OR
(M) ANY USE WHICH WOULD VIOLATE THE RULES GOVERNING JUDICIAL CONDUCT
PURSUANT TO 22 NYCRR PART 100 OR PROSECUTORIAL CONDUCT PURSUANT TO RULE
3.8 OF PART 1200, RULES OF PROFESSIONAL CONDUCT OF THE NEW YORK STATE
UNIFIED COURT SYSTEM, AS APPLICABLE.
§ 14-209. POWERS AND DUTIES OF THE BOARD. 1. ADVISORY OPINIONS. THE
BOARD SHALL RENDER ADVISORY OPINIONS WITH RESPECT TO QUESTIONS ARISING
UNDER THIS TITLE UPON THE WRITTEN REQUEST OF A CANDIDATE, AN OFFICER OF
A POLITICAL COMMITTEE OR MEMBER OF THE PUBLIC, OR UPON ITS OWN INITI-
ATIVE. THE BOARD SHALL PROMULGATE RULES REGARDING REASONABLE TIMES TO
RESPOND TO SUCH REQUESTS. THE BOARD SHALL MAKE PUBLIC THE QUESTIONS OF
INTERPRETATION FOR WHICH ADVISORY OPINIONS WILL BE CONSIDERED BY THE
BOARD AND ITS ADVISORY OPINIONS, INCLUDING BY PUBLICATION ON ITS WEBPAGE
WITH IDENTIFYING INFORMATION REDACTED AS THE BOARD DETERMINES TO BE
APPROPRIATE.
2. PUBLIC INFORMATION AND CANDIDATE EDUCATION. THE BOARD SHALL DEVELOP
A PROGRAM FOR INFORMING CANDIDATES AND THE PUBLIC AS TO THE PURPOSE AND
EFFECT OF THE PROVISIONS OF THIS TITLE, INCLUDING BY MEANS OF A WEBPAGE.
THE BOARD SHALL PREPARE IN PLAIN LANGUAGE AND MAKE AVAILABLE EDUCATIONAL
MATERIALS, INCLUDING COMPLIANCE MANUALS AND SUMMARIES AND EXPLANATIONS
OF THE PURPOSES AND PROVISIONS OF THIS TITLE. THE BOARD SHALL PREPARE OR
HAVE PREPARED AND MAKE AVAILABLE MATERIALS, INCLUDING ACCESS TO AN ELEC-
TRONIC RECORDKEEPING AND FILING SYSTEM, TO FACILITATE THE TASK OF
COMPLIANCE WITH THE DISCLOSURE AND RECORDKEEPING REQUIREMENTS OF THIS
TITLE.
A. 5841--A 10
3. RULES AND REGULATIONS. THE BOARD SHALL HAVE THE AUTHORITY TO
PROMULGATE SUCH RULES AND REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS
NECESSARY FOR THE ADMINISTRATION OF THIS TITLE.
4. DATABASE. THE BOARD SHALL DEVELOP AN INTERACTIVE, SEARCHABLE
COMPUTER DATABASE THAT SHALL CONTAIN ALL INFORMATION NECESSARY FOR THE
PROPER ADMINISTRATION OF THIS TITLE INCLUDING INFORMATION ON CONTRIB-
UTIONS TO AND EXPENDITURES BY CANDIDATES AND THEIR AUTHORIZED POLITICAL
COMMITTEE, INDEPENDENT EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDI-
DATES FOR COVERED OFFICES, AND DISTRIBUTIONS OF MONEYS FROM THE FUND.
SUCH DATABASE SHALL BE ACCESSIBLE TO THE PUBLIC ON THE BOARD'S WEBPAGE
NO LATER THAN JUNE FIRST, TWO THOUSAND TWENTY.
§ 14-210. AUDITS AND REPAYMENTS. 1. AUDITS. THE BOARD SHALL AUDIT AND
EXAMINE ALL MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS TITLE
AND SHALL COMPLETE SUCH AUDIT NO LATER THAN SIX MONTHS AFTER THE
ELECTION IN QUESTION. EVERY CANDIDATE WHO RECEIVES PUBLIC FUNDS UNDER
THIS TITLE SHALL BE AUDITED BY THE BOARD. THE COST OF COMPLYING WITH A
POST-ELECTION AUDIT SHALL BE BORNE BY THE CANDIDATE'S AUTHORIZED POLI-
TICAL COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS OR ANY COMBINATION OF
SUCH FUNDS. THE AUTHORIZED POLITICAL COMMITTEE OF A PARTICIPATING
CANDIDATE MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE PUBLIC FUNDS
RECEIVED TO COMPLY WITH THE POST-ELECTION AUDIT. ANY PUBLIC RESERVE
FUNDS NOT USED SHALL BE REMITTED TO THE NEW YORK STATE JUDICIAL CAMPAIGN
FINANCE FUND. THE BOARD SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL
AUDIT REPORT THAT DETAILS ITS FINDINGS.
2. REPAYMENTS. (A) IF THE BOARD DETERMINES THAT ANY PORTION OF THE
PAYMENT MADE TO A CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE FROM THE
FUND WAS IN EXCESS OF THE AGGREGATE AMOUNT OF PAYMENTS THAT SUCH CANDI-
DATE WAS ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY
SUCH COMMITTEE AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN AMOUNT EQUAL
TO THE AMOUNT OF EXCESS PAYMENTS. PROVIDED, HOWEVER, THAT IF THE ERRONE-
OUS PAYMENT WAS THE RESULT OF AN ERROR BY THE BOARD, THEN THE ERRONEOUS
PAYMENT WILL BE DEDUCTED FROM ANY FUTURE PAYMENT, IF ANY, AND IF NO
PAYMENT IS TO BE MADE THEN NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL
BE LIABLE TO REPAY THE EXCESS AMOUNT TO THE BOARD. THE CANDIDATE, THE
TREASURER AND THE CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE ARE JOINTLY
AND SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(B) IF THE BOARD DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE FROM THE FUND WAS USED FOR
PURPOSES OTHER THAN QUALIFIED CAMPAIGN EXPENDITURES AND SUCH EXPENDI-
TURES WERE NOT APPROVED BY THE BOARD, IT SHALL NOTIFY SUCH COMMITTEE OF
THE AMOUNT SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE BOARD AN
AMOUNT EQUAL TO SUCH DISQUALIFIED AMOUNT. THE CANDIDATE, THE TREASURER
AND THE CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE ARE JOINTLY AND
SEVERALLY LIABLE FOR ANY REPAYMENTS TO THE BOARD.
(C) IF THE TOTAL OF PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING
CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE EXCEED THE TOTAL CAMPAIGN
EXPENDITURES OF SUCH CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE, SUCH
CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE SHALL USE SUCH EXCESS FUNDS
TO REIMBURSE THE FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED POLITICAL
COMMITTEE FROM THE FUND DURING SUCH CALENDAR YEAR. PARTICIPATING CANDI-
DATES' AUTHORIZED POLITICAL COMMITTEES SHALL PAY TO THE BOARD UNSPENT
PUBLIC CAMPAIGN FUNDS FROM AN ELECTION NOT LATER THAN TWENTY-SEVEN DAYS
AFTER ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT,
NOT LATER THAN THE DAY ON WHICH THE BOARD ISSUES ITS FINAL AUDIT REPORT
FOR THE PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE;
PROVIDED, HOWEVER, THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTIC-
A. 5841--A 11
IPATING CANDIDATE SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE BOARD UPON
A DETERMINATION BY THE BOARD THAT THE PARTICIPANT HAS DELAYED THE POST-
ELECTION AUDIT. A PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE MAY MAKE POST-ELECTION EXPENDITURES WITH PUBLIC FUNDS ONLY FOR
ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH WINDING UP A
CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTHING IN THIS
TITLE SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR HER AUTHORIZED
POLITICAL COMMITTEE FROM USING CAMPAIGN CONTRIBUTIONS RECEIVED FROM
PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
3. RULES AND REGULATIONS. THE BOARD SHALL PROMULGATE REGULATIONS FOR
THE CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE COMPTROLLER,
FROM THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW, TO A PARTICIPATING CANDIDATE'S AUTHORIZED POLITICAL COMMIT-
TEE THAT HAS QUALIFIED TO RECEIVE SUCH PAYMENT. THESE REGULATIONS SHALL
INCLUDE THE PERIODS DURING WHICH SUCH REPORTS MUST BE FILED AND THE
VERIFICATION REQUIRED, AND THE BOARD SHALL DEVELOP FORMS ON WHICH
CONTRIBUTIONS AND EXPENDITURES ARE TO BE REPORTED. THE BOARD SHALL
INSTITUTE PROCEDURES WHICH WILL MAKE POSSIBLE PAYMENT BY THE FUND WITHIN
FOUR BUSINESS DAYS AFTER RECEIPT OF THE REQUIRED FORMS AND VERIFICA-
TIONS.
§ 14-211. ENFORCEMENT AND PENALTIES FOR VIOLATIONS AND OTHER
PROCEEDINGS. 1. CIVIL PENALTIES. ANY PERSON WHO, ACTING AS OR ON BEHALF
OF A CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE,
VIOLATES ANY PROVISION OF THIS TITLE, UNDER CIRCUMSTANCES EVINCING AN
INTENT TO VIOLATE SUCH PROVISION, SHALL BE SUBJECT TO A CIVIL PENALTY IN
AN AMOUNT NOT IN EXCESS OF TEN THOUSAND DOLLARS, TO BE RECOVERABLE IN A
SPECIAL PROCEEDING OR CIVIL ACTION TO BE BROUGHT BY THE CHIEF ENFORCE-
MENT COUNSEL PURSUANT TO SECTIONS 3-104 AND 3-104-A OF THIS CHAPTER.
2. CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
OR SUBMITS FALSE STATEMENTS OR INFORMATION TO THE BOARD IN CONNECTION
WITH ITS ADMINISTRATION OF THIS TITLE, SHALL BE GUILTY OF A MISDEMEANOR
IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
PURSUANT TO ANY OTHER LAW. ANY REFERRAL FOR PROSECUTION UNDER THIS
SUBDIVISION SHALL BE MADE PURSUANT TO SECTION 3-104 OF THIS CHAPTER.
UPON CONVICTION, THE CHIEF ENFORCEMENT COUNSEL SHALL INITIATE A SPECIAL
PROCEEDING OR CIVIL ACTION TO RECOVER ANY PUBLIC MATCHING FUNDS OBTAINED
AS A RESULT OF SUCH CRIMINAL CONDUCT.
3. PROCEEDINGS AS TO PUBLIC FINANCING. (A) THE DETERMINATION OF ELIGI-
BILITY PURSUANT TO THIS TITLE AND ANY QUESTION OR ISSUE RELATING TO
PAYMENTS FOR CAMPAIGN EXPENDITURES PURSUANT TO THIS TITLE MAY BE
CONTESTED IN A PROCEEDING INSTITUTED IN THE SUPREME COURT, ALBANY COUN-
TY, BY AN AGGRIEVED JUDICIAL CANDIDATE.
(B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION OF ELIGIBILITY
OR PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER SUCH DETERMINATION WAS
MADE. THE BOARD SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
(C) UPON THE BOARD'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
IPATING CANDIDATE OR SUCH CANDIDATE'S AUTHORIZED POLITICAL COMMITTEE
AFTER THE ISSUANCE OF WRITTEN NOTICE OF SUCH AMOUNT DUE, AS REQUIRED BY
THIS TITLE, THE CHIEF ENFORCEMENT COUNSEL IS AUTHORIZED TO SEEK RECOVERY
OF SUCH AMOUNT PURSUANT TO SECTIONS 3-104 AND 3-104-A OF THIS CHAPTER.
(D) ANY SUCH FUNDS OBTAINED OR COLLECTED THROUGH JUDGMENT OR SETTLE-
MENT SHALL BE REMITTED TO THE NEW YORK STATE JUDICIAL AND DISTRICT
ATTORNEY CAMPAIGN FINANCE FUND.
§ 14-212. REPORTS. THE BOARD SHALL REVIEW AND EVALUATE THE EFFECT OF
THIS TITLE UPON THE CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT AN
A. 5841--A 12
ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE ON OR BEFORE MAY
FIRST, TWO THOUSAND TWENTY-ONE, AND ON OR BEFORE MAY FIRST OF EVERY YEAR
THEREAFTER, AND AT ANY OTHER TIME UPON THE REQUEST OF THE GOVERNOR AND
AT SUCH OTHER TIMES AS THE BOARD DEEMS APPROPRIATE. THESE REPORTS SHALL
INCLUDE:
1. A LIST OF THE PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
COVERED ELECTIONS AND THE VOTES RECEIVED BY EACH CANDIDATE IN THOSE
ELECTIONS;
2. THE AMOUNT OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
MADE, ON BEHALF OF THESE CANDIDATES;
3. THE AMOUNT OF PUBLIC MATCHING FUNDS EACH PARTICIPATING CANDIDATE
RECEIVED, SPENT, AND REPAID PURSUANT TO THIS TITLE;
4. ANALYSIS OF THE EFFECT OF THIS TITLE ON POLITICAL CAMPAIGNS,
INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS OF PRIVATE FINANCING,
THE LEVEL OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY FOR PUBLIC
OFFICE, AND THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
AND
5. RECOMMENDATIONS FOR AMENDMENTS TO THIS TITLE, INCLUDING CHANGES IN
CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY, AND ANY OTHER FEATURES
OF THE SYSTEM.
§ 14-213. SEVERABILITY. IF ANY CLAUSE, SENTENCE, SUBDIVISION, PARA-
GRAPH, SECTION OR PART OF THIS TITLE BE ADJUDGED BY ANY COURT OF COMPE-
TENT JURISDICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR
OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERA-
TION TO THE CLAUSE, SENTENCE, SUBDIVISION, PARAGRAPH, SECTION OR PART
THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE CANDIDATES OR
CANDIDATES' AUTHORIZED POLITICAL COMMITTEES TO COMMIT ANY ACT WHICH
WOULD VIOLATE THE RULES GOVERNING JUDICIAL CONDUCT PURSUANT TO 22 NYCRR
PART 100. TO THE EXTENT THAT ANY PROVISION IN THIS TITLE CONFLICTS WITH
SUCH RULES, THE RULES SHALL CONTROL.
§ 6. The state finance law is amended by adding a new section 92-t to
read as follows:
§ 92-T. NEW YORK STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN FINANCE
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE
COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE
KNOWN AS THE NEW YORK STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN
FINANCE FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW YORK
STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN FINANCE FUND CHECK-OFF
PURSUANT TO SUBSECTION (H) OF SECTION SIX HUNDRED FIFTY-EIGHT OF THE TAX
LAW, FROM THE ABANDONED PROPERTY FUND PURSUANT TO SECTION NINETY-FIVE OF
THIS ARTICLE, FROM THE GENERAL FUND, AND FROM ALL OTHER MONEYS CREDITED
OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
SUCH FUND SHALL ALSO RECEIVE CONTRIBUTIONS FROM PRIVATE INDIVIDUALS,
ORGANIZATIONS, OR OTHER PERSONS TO FULFILL THE PURPOSES OF THE JUDICIAL
PUBLIC FINANCING SYSTEM, AS WELL AS ANY FUNDS REMITTED PURSUANT TO
SECTION 14-211 OF THE ELECTION LAW.
3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
BE EXPENDED FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
TO TITLE II OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN OF THE
ELECTION LAW. MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE STATE BOARD OF
A. 5841--A 13
ELECTIONS, OR ITS DULY DESIGNATED REPRESENTATIVE, IN THE MANNER
PRESCRIBED BY LAW, NOT MORE THAN FIVE BUSINESS DAYS AFTER SUCH VOUCHER
IS RECEIVED BY THE STATE COMPTROLLER.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, IN ANY
STATE FISCAL YEAR, THE STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN
FINANCE FUND LACKS THE AMOUNT OF MONEY TO PAY ALL CLAIMS VOUCHERED BY
ELIGIBLE CANDIDATES AND CERTIFIED OR APPROVED BY THE STATE BOARD OF
ELECTIONS, ANY SUCH DEFICIENCY SHALL BE PAID BY THE STATE COMPTROLLER,
FROM FUNDS DEPOSITED IN THE GENERAL FUND OF THE STATE NOT MORE THAN FOUR
BUSINESS DAYS AFTER SUCH VOUCHER IS RECEIVED BY THE STATE COMPTROLLER.
5. COMMENCING IN TWO THOUSAND TWENTY-ONE, IF THE SURPLUS IN THE FUND
ON APRIL FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER THE
PREVIOUS FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
STATE.
6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
GENERAL ELECTION ANY EARLIER THAN THE LAST DAY TO DECLINE A JUDICIAL OR
DISTRICT ATTORNEY NOMINATION PURSUANT TO SUBDIVISION SEVEN OF SECTION
6-158 OF THE ELECTION LAW.
7. NO PUBLIC FUNDS SHALL BE PAID TO THE AUTHORIZED POLITICAL COMMITTEE
OF ANY PARTICIPATING CANDIDATE WHO HAS BEEN DISQUALIFIED OR WHOSE NOMI-
NATION HAS BEEN DECLARED INVALID BY THE APPROPRIATE BOARD OF ELECTIONS
OR A COURT OF COMPETENT JURISDICTION UNTIL AND UNLESS SUCH FINDING IS
REVERSED BY A HIGHER COURT IN A FINAL JUDGMENT. NO PAYMENT FROM THE
FUND IN THE POSSESSION OF SUCH PARTICIPATING CANDIDATE'S AUTHORIZED
POLITICAL COMMITTEE ON THE DATE OF SUCH DISQUALIFICATION OR INVALIDATION
MAY THEREAFTER BE EXPENDED FOR ANY PURPOSE EXCEPT THE PAYMENT OF LIABIL-
ITIES INCURRED BEFORE SUCH DATE. ALL OTHER SUCH MONEYS SHALL BE REPAID
TO THE FUND.
§ 7. Section 95 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. (A) AS OFTEN AS NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
SARY TO FUND ESTIMATED PAYMENTS FROM THE FUND ESTABLISHED BY SECTION
NINETY-TWO-T OF THIS ARTICLE FOR THE GENERAL ELECTION.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SECTION AUTHORIZING THE
TRANSFER OF ANY MONEYS IN THE ABANDONED PROPERTY FUND TO THE GENERAL
FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY CLAIMS
AGAINST THE ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED PROP-
ERTY FUND TO THE NEW YORK STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN
FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THIS ARTICLE.
§ 8. Section 658 of the tax law is amended by adding a new subsection
(h) to read as follows:
(H) NEW YORK STATE JUDICIAL AND DISTRICT ATTORNEY CAMPAIGN FINANCE
FUND CHECK-OFF. (1) FOR EACH TAXABLE YEAR BEGINNING ON AND AFTER JANUARY
FIRST, TWO THOUSAND NINETEEN, EVERY RESIDENT TAXPAYER WHOSE NEW YORK
STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR WHICH THE RETURN IS
FILED IS FORTY DOLLARS OR MORE MAY DESIGNATE ON SUCH RETURN THAT FORTY
DOLLARS BE PAID INTO THE NEW YORK STATE JUDICIAL AND DISTRICT ATTORNEY
CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF THE STATE
FINANCE LAW. WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND HAVE A NEW
YORK STATE INCOME TAX LIABILITY FOR THE TAXABLE YEAR FOR WHICH THE
RETURN IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE RETURNS ON A
A. 5841--A 14
SINGLE FORM, EACH SUCH TAXPAYER MAY MAKE SEPARATE DESIGNATIONS ON SUCH
RETURN OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK STATE JUDICIAL AND
DISTRICT ATTORNEY CAMPAIGN FINANCE FUND.
(2) THE COMMISSIONER SHALL TRANSFER TO THE NEW YORK STATE JUDICIAL AND
DISTRICT ATTORNEY CAMPAIGN FINANCE FUND, ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-T OF THE STATE FINANCE LAW, AN AMOUNT EQUAL TO FORTY DOLLARS
MULTIPLIED BY THE NUMBER OF DESIGNATIONS.
(3) FOR PURPOSES OF THIS SUBSECTION, THE INCOME TAX LIABILITY OF AN
INDIVIDUAL FOR ANY TAXABLE YEAR IS THE AMOUNT OF TAX IMPOSED UNDER THIS
ARTICLE REDUCED BY THE SUM OF THE CREDITS (AS SHOWN IN HIS OR HER
RETURN) ALLOWABLE UNDER THIS ARTICLE.
(4) THE DEPARTMENT SHALL INCLUDE A PLACE ON EVERY PERSONAL INCOME TAX
RETURN FORM TO BE FILED BY AN INDIVIDUAL FOR A TAX YEAR BEGINNING ON OR
AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, FOR SUCH TAXPAYER TO MAKE
THE DESIGNATIONS DESCRIBED IN PARAGRAPH ONE OF THIS SUBSECTION. SUCH
RETURN FORM SHALL CONTAIN A CONCISE EXPLANATION OF THE PURPOSE OF SUCH
OPTIONAL DESIGNATIONS.
§ 9. Section 16-120 of the election law, as added by section 5 of
part E of chapter 399 of the laws of 2011, is amended to read as
follows:
§ 16-120. Enforcement proceedings. 1. The supreme court or a justice
thereof, in a proceeding instituted by the state board of elections, may
impose a civil penalty, as provided for in subdivisions one and two of
section 14-126 of this chapter AND AS PROVIDED FOR IN SUBDIVISION ONE OF
SECTION 14-211 OF THIS CHAPTER.
2. Upon proof that a violation of article fourteen of this chapter, as
provided in subdivision one of this section, has occurred, the court may
impose a civil penalty, pursuant to subdivisions one and two of section
14-126 of this chapter AND PURSUANT TO SUBDIVISION ONE OF SECTION 14-211
OF THIS CHAPTER, after considering, among other factors, the severity of
the violation or violations, whether the subject of the violation made a
good faith effort to correct the violation and whether the subject of
the violation has a history of similar violations. All such determi-
nations shall be made on a fair and equitable basis without regard to
the status of the candidate or political committee.
3. THE SUPREME COURT OR A JUSTICE THEREOF, IN A PROCEEDING TO RECOVER
PUBLIC FUNDS INSTITUTED PURSUANT TO SUBDIVISION TWO OF SECTION 14-211 OF
THIS CHAPTER, MAY ORDER THE RECOVERY OF SUCH PUBLIC FUNDS.
§ 10. Severability. If any clause, sentence, subdivision, paragraph,
section or part of title II of article 14 of the election law, as added
by section five of this act be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 11. This act shall take effect immediately; provided, however, all
affected candidates will be eligible to participate in voluntary public
financing beginning with the 2020 election and provided, further, this
act shall expire June 1, 2023 when upon such date the provisions of this
act shall be deemed repealed.

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